RELEASE, INDEMNIFICATION, AND LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS.
This Release, Indemnification, and License Agreement (Agreement) is entered into by the Adult Participant, and ifany minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such ChildParticipant(s) identified below in favor of Adventure Sports Group, Inc. (Urban Air). Collectively and severally, AdultParticipant and Child Participant, their heirs, successors, and assigns are hereinafter referred to as the Participant. Inconsideration of Urban Air permitting Participant to enter the Premises and participate in the Activities, including theActivities that may occur in, about, or near 3175 Princeton Hamilton Rd, Hamilton, Ohio or any other premises ownedor operated by Urban Air wherever located (Premises), Participant agrees as follows:
- NATURE OF THE ACTIVITIES. Urban Air operates a trampoline and adventure park, whichoffers Participants (a) the opportunity to participate actively or passively, in trampoline andadventure park related activities, including, but not limited to, jumping, dodgeball, volleyball,tumbling, foam pit jumping, aerobics, skydiving, ninja warrior course, battle beam, laser tag,soft play, ropes course, climbing wall, roller coaster/sky rider, go carts, laser tag, bowling,bumper cars, cyber sports, mini golf, arcades, exercising, and other miscellaneoustrampoline and adventure activities, instruction, training, fitness classes, competition, events,and programs and (b) access to the Premises and cafe (collectively, Activities).
- TYPES OF RISKS. Participant acknowledges there are inherent risks in and injuries thatmay occur from participating in the Activities, including, but not limited to, equipmentmalfunction; defective design or manufacture of equipment; improper or negligent installationof equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted orsprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye;concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion;failure of the attraction surface or attachments; being hit by a ball; collisions with otherparticipants; erratic co-participant behavior; collisions with standards and supports; usingimproper form or technique; slipping, falling, or tripping; equipment failure; error of judgmentby employees; paralysis, disability, or death; personal injury to third persons; or propertyWhen skydiving, the most common risk of injury is to the shoulders due to the force of the airon them. When participating in cyber or e-sports, the most common risk of injury is a seizuredue to epilepsy. Due to the nature of the Activities, there are more hazards and risks than theforegoing, and there are also unknown and unforeseeable hazards. If you have anyquestions, please contact a manager before purchasing admission.
- ASSUMPTION OF RISKS. Notwithstanding the foregoing risks and the safety measuresimplemented by Urban Air, Participant acknowledges it is impossible to eliminate all risk ofinjury and understands the demands of the Activities relative to Participant’s physicalcondition and skill. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIESIS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THERISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THEACTIVITIES AND ACCESS TO THE PREMISES.
- ALCOHOL. Participant agrees that no participant under the age of 21 years shall consumealcohol or have consumed alcohol while on the Premises and further agrees to exerciseordinary and reasonable care and to not consume alcohol to the extent Participant’sjudgment is Participant understands the potential risks associated with the consumption ofalcohol and acknowledges Participant does not have and is not aware of any medicalcondition that would result in any injury to Participant due to Participant’s consumption ofalcohol. Participant assumes the risks associated with alcohol consumption and takes fullresponsibility for Participant’s own actions, safety, and welfare. UNDER NOCIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANYACTIVITIES IF PARTICIPANT IS KNOWN TO HAVE CONSUMED ALCOHOL ANDPARTICIPANT AGREES NOT TO ATTEMPT TO PARTICIPATE IN ANY ACTIVITIES IFPARTICIPANT HAS CONSUMED ALCOHOL.
- RELEASE AND INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULTPARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR SPOUSES,HEIRS, EXECUTORS, ASSIGNS, AND REPRESENTATIVES RELEASES, AGREES NOTTO SUE, AND SHALL INDEMNIFY AND DEFEND URBAN AIR, UATP MANAGEMENT,LLC, UATP IP, LLC, UA ATTRACTIONS, LLC, THE LEGAL OWNER OF THE PREMISES,THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES,AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS,DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS,EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS,INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OFTHEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES,LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION,COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES ANDCOURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTINGFROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE ORIN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TOPARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF ORPRESENCE AT THE PREMISES, (B) PARTICIPANT’S ACTIVE OR PASSIVEPARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY,(D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT ORANY OTHER INVITEE OF URBAN AIR, OR (E) PARTICIPANT’S BREACH OF THISAGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY PART OFTHE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSSNEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTEDPARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULTPARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (Y)ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANTRESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOINGSUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANYINSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTETHIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.
- DISPUTE RESOLUTION.
- ARBITRATION. Any dispute or claim arising out of or relating to this Agreement, thebreach thereof, the Premises, the Activities, property damage (real or personal),personal injury (including death), or the scope, arbitrability, or validity of thisarbitration agreement (Dispute) shall be brought by the parties in their individualcapacity and not as a plaintiff or class member in any purported class orrepresentative capacity, and settled by binding arbitration before a single arbitratoradministered by the American Arbitration Association (AAA) per its CommercialIndustry Arbitration Rules in effect at the time the demand for arbitration is Judgmenton the arbitration award may be entered in any federal or state court havingjurisdiction thereof. The arbitrator shall have no authority to award punitive orexemplary damages. If the Dispute cannot be heard by the AAA for any reason, theDispute shall be heard by an arbitrator mutually selected by the parties. If the partiescannot agree upon an arbitrator, then either party may petition an appropriate courtto appoint an arbitrator. Arbitration and the enforcement of any award rendered in thearbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
- WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, ADULTPARTICIPANT AND URBAN AIR KNOWINGLY, WILLINGLY, ANDVOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES,AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THEOPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIRRIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right partieswould or might otherwise have had under the Constitutions of the United States ofAmerica and the state in which the Premises is located.
- LICENSE. Participant irrevocably grants the Protected Parties the right to use all or a portionof an image or video of Participant and their name and likeness in all forms and mediaincluding composite or modified representations for all purposes, including advertising, tradeor any commercial purpose throughout the world and in perpetuity and withoutcompensation. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVEVERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTENCOPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS.PARTICIPANT RELEASES THE PROTECED PARTIES FROM ANY CLAIMS THAT MAYARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, ORIMAGES INCLUDING ANY CLAIMS OFDEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OFMORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
- AUTHORITY. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Urban Air that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
- ACKNOWLEDGMENTS. Participant represents to the Protected Parties that this Agreementis a complete and final release and indemnity agreement, that Participant is voluntarilyentering into this Agreement, and no representations, promises, or statements made by anyof the Protected Parties has influenced Participant in signing this Participant agrees thatthere are no oral agreements, representations, promises, or warranties that are not expresslyset forth herein, this Agreement may only be modified in writing, and that Participant is notrelying on any statements or representations of the Protected Parties that are not expresslycontained herein. Participant expressly agrees that this Agreement is intended to be asbroad and inclusive as is permitted by the laws of the state in which the Premises is locatedand that if any portion thereof is held invalid, it is agreed that the balance shall,notwithstanding, continue in full legal force and effect. Venue for any action broughthereunder or due to Participant’s use of the Premises or participation in the Activities shall liein the County in which the Premises is located. The substantive laws of the state in which thePremises is located shall apply. By signing below, Participant authorizes Urban Air tocommunicate with Participant via email, telephone, SMS and text messages with updates,news, advertisements, and offers.
- REPRESENTATIONS BY PARTICIPANT. Participant represents to the Protected Parties as follows:
- Participant shall obey all rules while participating in the Activities and alert the staff of any rule violations or dangerous behavior.
- Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
- Participant shall only attempt Activities that Participant can perform safely.
- Participant is not aware of any health problems that would prevent him/her from participating safely in the Activities.
- Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.
- Urban Air may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.
- Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
- Participant consents to Urban Air communicating with participant via telephone or email and to receiving from urban air on my wireless device mobile service commercial messages. Participant acknowledge that participant may be charged by his/her wireless service provider in connection with receipt of such mobile messages. Participant acknowledges that he/she may revoke his/her consent at any time.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THISAGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SETFORTH HEREIN.
I, the Parent/Guardian, on behalf of myself and that of the minor identified above, as applicable,have read the above Assumption of Risk, Waiver of Liability, and Indemnification Agreement andfully understand and agree to its terms. I understand that I am giving up substantial rights, includingmy right to sue, by executing this Agreement. I further acknowledge that I am agreeing to indemnifyUrban Air, as provided above, for all claims the referenced minor may have against Urban Air.Lastly, I acknowledge that I am signing this Agreement freely and voluntarily, and intend mysignature to constitute a complete and unconditional release of Urban Air for all liability due to (1)ordinary negligence of Urban Air and those parties named herein and (2) to the inherent risks of theactivity, to the greatest extent permitted by the laws of the state in which the Urban Air is located. Bysigning below, the Parent or Court-Appointed Legal Guardian agrees that they are also subject to allthe terms of this document, as set forth above.
I acknowledge and agree that by checking the box and clicking on Sign Waiver in this Agreement Iam providing an electronic signature as defined by the Electronic Signatures in Global and NationalCommerce Act ('E-Sign') and the Uniform Electronic Transactions Act ('UETA').